4column04102019
Dieses Dokument ist Teil der Anfrage „Anpassung der gemeinsamen Regeln für die Zulassung zum Beruf des Kraftverkehrsunternehmers und den Zugang zum Markt des grenzüberschreitenden Güterkraftverkehrs an die Entwicklungen im Kraftverkehrssektor“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
2017/0123(COD) COLUMN TABLE FOR INTERINSTITUTIONAL NEGOTIATIONS – WORKING DOCUMENT Proposal for a regulation of the amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector (COM(2017)0281 – C8-0169/2017 – 2017/0123(COD)) Date of the trilogue: 3.10.2019 Committee on Transport and Tourism – Negotiating team NB: this cover page has been added for technical reasons only. CT\1190301EN.docx PE641.437v01-00 EN EN
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2017/0123(COD) Suggested classification of divergences between the positions of the European Parliament and the Council: "A" is an editorial issue; "B" is a technical issue that could be resolved in the technical meetings; and "C" is a major policy question. Proposal for a Directive of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 1. THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, 1 Having regard to the opinion of the European Economic and Social Committee , 2 Having regard to the opinion of the Committee of the Regions , Acting in accordance with the ordinary legislative procedure, ____________ (1) OJ C , , p. . (2) OJ C , , p. . 2. Whereas: CT\1190301EN.docx 3/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 3. (1) Experience with the (1) Experience with the implementation of Regulations implementation of Regulations 3 3 (EC) No 1071/2009 and (EC) (EC) No 1071/2009 and (EC) No 4 4 No 1072/2009 revealed that the 1072/2009 revealed that the rules rules provided for in those provided for in those regulations regulations offered scope for offered scope for improvement on improvement on a number of a number of points. points. ____________ ____________ (3) (3) Regulation (EC) No 1071/2009 Regulation (EC) No 1071/2009 establishing common rules establishing common rules concerning the conditions to be concerning the conditions to be complied with to pursue the complied with to pursue the occupation of road transport occupation of road transport operator and repealing Council operator and repealing Council Directive 96/26/EC (OJ L 300, Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 14.11.2009, p. 51). (4) (4) Regulation (EC) No 1072/2009 Regulation (EC) No 1072/2009 on common rules for access to on common rules for access to the the international road haulage international road haulage market market (OJ L 300, 14.11.2009, (OJ L 300, 14.11.2009, p. 72). p. 72). 4. Amendment 110 Recital 2 5. (2) So far, and unless otherwise (2) So far, and unless otherwise (2) So far, and unless otherwise C provided for in national law, the provided for in national law, the provided for in national law, the rules on access to the occupation rules on access to the occupation rules on access to the occupation CT\1190301EN.docx 4/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 of road transport operator do not of road transport operator do not of road transport operator do not apply to undertakings engaged apply to undertakings engaged in apply to undertakings engaged in in the occupation of road the occupation of road haulage the occupation of road haulage haulage operator solely by operator solely by means of operator solely by means of means of motor vehicles with a motor vehicles with a permissible motor vehicles with a permissible permissible laden mass not laden mass, including that of laden mass not exceeding 3.5 exceeding 3.5 tonnes or trailers, not exceeding 3.5 tonnes tonnes or combinations of combinations of vehicles not […]. The number of such vehicles not exceeding that limit. exceeding that limit. undertakings […] has been The number of such undertakings The number of such increasing. As a result, several which are active in both national undertakings which are active in Member States have decided to and international transport both national and international apply the rules on access to the operations has been increasing. transport operations has been occupation of road transport As a result, several Member increasing. As a result, several operator, provided for in States have decided to apply the Member States have decided to Regulation (EC) No 1071/2009, rules on access to the occupation apply the rules on access to the to those undertakings. In order to of road transport operator, occupation of road transport avoid possible loopholes and to provided for in Regulation (EC) operator, provided for in ensure a minimum level of No 1071/2009, to those Regulation (EC) No professionalisation of the sector undertakings. To ensure a 1071/2009,to those using motor vehicles with a minimum level of undertakings. To ensure a permissible laden mass […], professionalisation of the sector minimum level of including that of trailers, of 2.4 using vehicles intended professionalisation of the sector to 3.5 tonnes for international exclusively for the carriage of using vehicles with a transport by way of common goods and with a permissible permissible laden mass not rules, and thus to approximate laden mass not exceeding 3.5 exceeding 3.5 tonnes by way of competitive conditions between tonnes by way of common rules, common rules, and thus to all operators, […] the and thus to approximate approximate competitive requirements […] for competitive conditions between conditions between all engagement in the occupation of all operators, this provision CT\1190301EN.docx 5/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 operators, this provision should road transport operator should should be amended […]. The be deleted, whereas the […] apply equally, while requirements […] for access to requirements regarding effective avoiding a disproportionate the profession should become and stable establishment and administrative burden. Since this […] mandatory for operators appropriate financial standing Regulation only applies to using motor vehicles or should be rendered mandatory. undertakings transporting goods combinations of vehicles for hire or reward, undertakings intended exclusively for the performing transport operations carriage of goods and with a for own account are not covered permissible laden mass between by this provision. 2.5 tonnes and 3.5 tonnes involved in international transport. 6. (2a) Under Regulation (EC) No C 1072/2009 certain international haulage activities are exempted from the need for a Community licence in order to enter the European road haulage market. Within the framework of the organisation of that market road haulage undertakings carrying goods in motor vehicles or combinations of vehicles which have a permissible laden mass not exceeding 2.5 tonnes should be exempted from the need for a Community licence or other carriage authorisation. CT\1190301EN.docx 6/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 7. (2b) Although vehicles having a C permissible laden mass below a certain threshold are excluded from the scope of Regulation (EC) No 1071/2009, that Regulation gives Member States the possibility to apply part or all of the provisions thereof to such vehicles. CT\1190301EN.docx 7/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 8. Amendment 111 Recital 2a (new) 9. (2a) In its impact assessment, the B Commission estimates savings for businesses in the range of EUR 2,7 to 5,2 billion in the period 2020-2035. 10. (3) Currently, Member States are (3) Currently, Member States are entitled to make access to the entitled to make access to the occupation of road transport occupation of road transport operator subject to requirements operator subject to requirements additional to those specified in additional to those specified in Regulation (EC) No 1071/2009. Regulation (EC) No 1071/2009. This possibility has not proven This possibility has not proven to to be necessary in order to be necessary in order to respond respond to imperative needs and to imperative needs and has led to has led to divergences in respect divergences in respect of such of such access. It should access. It should therefore be therefore be abolished. abolished. 11. Amendment 112 Recital 4 12. (4) It is necessary to ensure that (4) […] In order to combat the (4) In order to fight abusive B road transport operators phenomenon of so-called practices based on so-called established in a Member State ‘letterbox companies’ and "letterbox companies", it is have a real and continuous guarantee fair competition and necessary to ensure that road presence in that Member State a level playing field in the transport operators established in and conduct their business from internal market, clearer a Member State have a real and there. Therefore, and in light of establishment criteria, more continuous presence in that experience, it is necessary to intensive monitoring and Member State and conduct their CT\1190301EN.docx 8/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 clarify the provisions regarding enforcement, and improved business from there. Therefore, the existence of an effective and cooperation between Member and in light of experience, it is stable establishment. States is necessary. […] Road necessary to clarify the provisions transport operators established regarding the existence of an in a Member State should have effective and stable establishment a real and continuous presence and to allow Member States to in that Member State and introduce certain additional actually conduct their transport requirements reinforcing the business and perform necessary link between the substantial activities from there. transport operator and the Therefore, and in light of Member State of establishment experience, it is necessary to according to specific needs, for clarify and strengthen the instance in respect of provisions regarding the operational infrastructure such existence of an effective and as easily accessible offices and stable establishment, while necessary parking spaces. avoiding a disproportionate administrative burden. 13. (4a) The real and continuous B presence in the Member State of establishment should in particular require that the undertaking carries out transport operations with the appropriate technical equipment situated in that Member State. 14. (5)To the extent that access to the (5) To the extent that access to the occupation depends on the good occupation depends on the good CT\1190301EN.docx 9/121 PE641.437v01-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Remark 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 repute of the undertaking repute of the undertaking concerned, clarifications are concerned, clarifications are needed as regards the persons needed as regards the persons whose conduct must be taken into whose conduct must be taken into account, the administrative account, the administrative procedures which must be procedures which must be followed and waiting periods in followed and waiting periods in respect of rehabilitation once a respect of rehabilitation once a transport manager has lost good transport manager has lost good repute. repute. 15. (6) In view of their potential to (6) In view of their potential to considerably affect the considerably affect the conditions conditions for fair competition for fair competition in the road in the road haulage market, haulage market, serious serious infringements of infringements of national tax national tax rules should be rules should be added to the items added to the items relevant to relevant to the assessment of the assessment of good repute. good repute. 16. Amendment 113 Recital 7 17. (7) In view of their potential to (7) In view of their potential to (7) In view of their potential to B considerably affect the road considerably affect the road considerably affect the road haulage market, as well as the haulage market, as well as the haulage market, as well as the social protection of workers, social protection of workers, social protection of workers, serious infringements of Union serious infringements of Union serious infringements of Union rules on the posting of workers rules on the posting of workers, rules on the posting of workers and the law applicable to cabotage and the law applicable and the law applicable to contractual obligations should to contractual obligations should contractual obligations should be be added to the items relevant to be added to the items relevant to added to the items relevant to the CT\1190301EN.docx 10/121 PE641.437v01-00 EN
